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2025 DAILYLAW 57806 (ALL)

SANTOSH KUSHWAHA v. STATE OF U.P. AND 5 OTHERS

WRIA/6714/2025 · 2025-05-15

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80926 Court No. - 6 Case :- WRIT - A No. - 6714 of 2025 Petitioner :- Santosh Kushwaha Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Awadhesh Kumar Malviya Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Awadhesh Kumar Malviya, learned counsel for the petitioner and Sri B.M.Shukla, learned Standing Counsel. 2. Petitioner has claimed that he being satisfied that his name could be forwarded for State Award to Teacher 2024 in pursuance of a scheme initiated by State Government, therefore, he has applied online. 3. Learned counsel for the petitioner submitted that there are guidelines which provide quality point marks under different heads and petitioner is sure and convinced that he got maximum quality point marks in comparison to other candidates, however, his name was not forwarded to State Government for further consideration and names of other candidates were forwarded despite having less quality point marks. 4. Learned counsel for the petitioner submitted that no reason has been assigned to the petitioner for not forwarding the name of the petitioner despite having maximum quality point marks. 5. Learned counsel for the petitioner further submitted that probably on a ground that petitioner has earlier suffered a departmental inquiry, however, punishment awarded therein was later on withdrawn as well as a video was circulated wherein on a particular date students were seen participating in the 'Swachhata Abhiyan' which was taken wrongly by the respondents that petitioner has forced the students to clean the ground. 6. Learned counsel for the petitioner lastly submitted that in this regard petitioner has filed a representation that ignoring the above referred objections, petitioner's name be forwarded to the State Government for consideration of State Award to Teacher, 2024. 7. Learned Standing Counsel submitted that it is a Scheme, therefore, it is not mandatory to communicate reason for not forwarding the name of petitioner for State Award to Teacher, 2024. It is an assumption that petitioner has got maximum quality point marks. The Committee must have taken a reasoned decision and otherwise also, it is a yearly scheme, therefore, petitioner can still apply in the next year. 8. I have considered the above submissions and perused the records. 9. At this stage, Court is not disputing claim of the petitioner that he has obtained maximum quality point marks. However, Court cannot sit in appeal on the decision of Committee, especially when the scheme has no statutory back up as well as there is no provision that decision shall be communicated to the petitioner or to candidates who have submitted online application forms for State Award to Teacher 2024. The Committee is at liberty to consider other aspects of matter i.e. consideration is not only based on quality point marks, but it is a overall assessment of teachers to forward suitable name for State Award to Teacher, 2024. The scheme is not being annexed in its entirety. 10. I have also perused the application form which has various columns and there is a reference also given in regard to quality point marks. However, it is subject to scrutiny and other aspects also. 11. It is also not the case that once the name has not been forwarded in a particular year for State Award to Teacher, 2024, a candidate cannot apply in the coming years, therefore, Court is convinced that since the scheme has no statutory backup, it is only to encourage teachers and has a mechanism which does not provide any provision to communicate any decision thereof and in case it is communicated, then it will open a pandoras box which will be against the very object of the scheme, therefore, without giving any relief to the petitioner, this writ petition is disposed of with an observation that in case the petitioner applies in the subsequent year, his name be considered for State Award to Teacher, 2024 on its own merit without taking any adverse view that earlier his name was not considered. Order Date :- 16.5.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad